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When Can Someone File a Dangerous Drug Claim?

Written by AskTheLawyers.com™ on behalf of Nancy J. Winkler with Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C..

When Can Someone File a Dangerous Drug Claim?
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It is no secret that some medications previously thought to be safe have been exposed as remarkably dangerous over time. If you believe you have experienced a new or worsened health condition as the result of medicine you have been taking, you may be eligible to file a dangerous drug claim. It is not uncommon for a person to realize they are symptomatic or have developed a health condition, only to do a little research and discover that a drug they have taken is already facing a lawsuit over its negative effects. If you or a loved one were injured by a potentially dangerous drug, reach out to a product liability attorney to discuss your options for physical and financial recovery.

There are two situations in which someone can file a dangerous drug claim:

  • 1. A lawsuit is already in the works. In most instances of dangerous drugs, more than one person is affected. If medicine is defective, it generally affects a significant portion of the people who take it and tends to affect them in similar ways. If you suspect a drug might be dangerous, the first thing you should do is call your doctor and stop taking the drug if your doctor says it is safe to do so. The second thing you should do is research dangerous drug lawsuits that are already in the works. It might be possible for you to join an ongoing lawsuit as one of the injured parties rather than starting from scratch.
  • 2. A lawsuit should be in the works. Every case starts somewhere. If you believe a new or worsened health condition might be linked to a medication you have been taking, it is important to discuss it with your doctor and also to reach out to a product liability attorney. These attorneys can at no cost to you begin an investigation into the medicine to find out if other people have experienced the same damages. These attorneys also have access to expert resources who can analyze the components of the drug itself to see if a lawsuit might be a viable option for recovery. If so, they can help you file the lawsuit and contact others who might have suffered the same injuries as the result of a dangerous medicine.

Do not throw away a potentially dangerous drug.

If you believe a medicine you are taking might be dangerous, do not throw it away. It is important to maintain possession of the medicine itself as well as the packaging it came in if at all possible. This will serve as proof that you took the drug in question, and also serves an important role in the investigation process a product liability attorney will need to conduct.

Talk to your doctor, then an attorney.

Prioritizing your health is the first step to recovery in any situation in which a patient might have suffered adverse health effects from taking a dangerous drug. It is important to talk to your doctor about the symptoms you are experiencing, and if possible see if they can switch you to a safer medication. Defective medication is one of the most common types of product liability cases and affects millions of people in the U.S. every year according to the Food and Drug Administration (FDA). If you or a loved one have been hurt by a dangerous drug, talk to a product liability attorney about recovering damages for your medical bills, lost wages, pain and suffering, and more.

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